Law:

Section:

Appeal to Supreme Court--   --- Withdrawal of--Appeal becoming infructuous--Appellant seeking to withdraw appeal as it had become infructuous on respondent vacating the suit property--Respondent taking no objection to such withdrawal but controverting the fact of vacating the suit property--Appeal dismissed as withdrawn without any condition leaving the question of possession open. ORDER ABDUL KADIR SHAIKH, J.--Mr.Basharatullah, learned counsel for the appellant has filed an application praying for grant of permission to withdraw the appeal on the ground that it has been rendered infructuous, in that, according to appellant the house suit-property had been vacated by the respondent, therefore, the appellant submitted .n application to the Assistant Commissioner, Upper Zone, Muslim I3agh, on 2-7-1987 to intimate the fact that the respondent had vacated the house belonging to the appellant and has left and that he be permitted to come into possession. Mr. S . A . M .…

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